What's Required

REPORTS TO LOCAL LAW ENFORCEMENT; LIABILITY. (a) The principal of a public or private primary or secondary school, or a person designated by the principal under Subsection (d), shall notify any school district police department and the police department of the municipality in which the school is located or, if the school is not in a municipality, the sheriff of the county in which the school is located if the principal has reasonable grounds to believe that any of the following activities occur in school, on school property, or at a school-sponsored or school-related activity on or off school property, whether or not the activity is investigated by school security officers (TEC 37.015):


  1. conduct that may constitute an offense listed under Section 508.149;
  2. deadly conduct under Section 22.05 of the Penal Code;
  3. a terroristic threat under Section Section 22.07 of the Penal Code, Penal Code;
  4. the use, sale, or possession of a controlled substance, drug paraphernalia, or marihuana under Chapter 481, Health and Safety Code;
  5. the possession of any of the weapons or devices listed under Section 46.01(1)-(14) of the Penal Code and Section 46.01(16) of the Penal Code,
  6. conduct that may constitute a criminal offense under Section 71.02 of the Penal Code; or
  7. conduct that may constitute a criminal offense for which a student may be expelled under Section 37.007(a), (d), or (e) of the Penal Code.
    1. A person who makes a notification under this section shall include the name and address of each student the person believes may have participated in the activity.
    2. A notification is not required under Subsection (a) if the person reasonably believes that the activity does not constitute a criminal offense.
    3. The principal of a public or private primary or secondary school may designate a school employee who is under the supervision of the principal to make the reports required by this section.
    4. The person who makes the notification required under Subsection (a) shall also notify each instructional or support employee of the school who has regular contact with a student whose conduct is the subject of the notice.
    5. A person is not liable in civil damages for reporting in good faith as required by this section.


What To Do
School officials may report to law enforcement authorities that a student, including a student with a disability, is suspected of committing a crime and in some instances it is required to make a report to law enforcement

  • Ensure that copies of the special education and disciplinary records of the student are transmitted for consideration by the appropriate authorities,
  • Comply with the Family Educational Rights and Privacy Act (FERPA) regarding the transfer of records
  • In most cases in order to transmit records parental consent is required



ADDITIONAL FORMS




ADDITIONAL RESOURCES